Credits Only E.S.A. - Possibility of subsequently getting back weekly E.S.A.?

Hi, doers anyone know what should happen in a case like this? ...

Client in W.R.A.G. but it’s a contribution credits only case. She’s been receiving it for some time, I believe (I’ve yet to go through it properly with her). She is now seeking a Mandatory Reconsideration to try and get into the Support Group.

The questions are these:-

1). Is it possible that were she to win at Tribunal and get into the Support Group, she could then [re-] secure payments again, as opposed to just credits?

2). Would it make any difference how far back the decision top put her in W.R.A.G. was [given that the ‘claim’ has never stopped]?

3). Would it make any difference if she challenged the most recent decision on the grounds of a change of circunstances [as the claim is still live even though it’s credits only], as opposed to other grounds?

Many thanks to all who reply,

John.

Was she previously entitled to contributory ESA or was it always credits-only?

I haven’t seen her to go through it all fully yes, but I do believe she was on I.B. and Contributory E.S.A. ... If she wasn’t, then I couldn’t see any circumstances in which there could be any case, but assuming she was, what would you think?

DMG Chapter 41:

Application made after award has terminated

41862 Where

1.
entitlement to ESA(Cont), including under the youth provisions, has been terminated as in DMG 41810 or 41815 because it exceeded 365 days and

2.
the claimant

2.1 reports a deterioration in their health condition or
2.2 makes a further claim for ESA(Cont) and
3. the claimant had, or is treated as having had, LCW since the previous entitlement ended and
4. the claimant satisfies the basic conditions of entitlement (see DMG 41012) and
5. the DM determines that the claimant has, or is treated as having, LCWRA
the claimant is entitled to an award of ESA(Cont), even though they do not satisfy the contribution conditions1. The award is regarded as an award of ESA(Cont) for all other purposes, for example amounts payable2.

1 WR Act 07, s 1B(1); 2 s 1B(2)

Example
Bogdan’s award of ESA(Cont) ended on 30.4.12 as it exceeded 365 days. Entitlement was based on tax years 2008/2009 and 2009/2010. He is not entitled to ESA(IR) as he has a partner in full–time remunerative work. He remains entitled to NI credits. Bogdan makes a further claim to ESA(Cont) from 10.7.12 on the grounds that his condition has deteriorated. As the PLCWs link, the tax years on which entitlement could be based do not change. The claim cannot be decided until the DM determines whether or not Bogdan has, or is treated as having, LCWRA.

Following application of the WCA, the DM determines that Bogdan has LCWRA. He is entitled to ESA(Cont) and the support component from 10.7.12. He does not have to serve waiting days or the assessment phase.

Thank-you very much Edmund, that is good to hear, I had thought it was the case but was not completely certain. Cheers. 😊